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CR 93-088 Creation Tax District 93-88 , "\ y 0 June 8, 1993 u '" :CC: o P K \ ~ Council Report 93-88 CREATION OF TAX INCREMENT DISTRICT 2-7 (THERMOTECH) Proposed Action. staff recommends the adoption of the following motion: Approval of Council Resolution No. 93-51, adopting the document entitled "Modification of Redevelopment project No. 1 and Tax Increment Financing Plan No. 2-7 for Tax Increment Financing District No. 2-7 (Thermotech Inc. Proiect)" dated June 1993. overvi w Thermotech Inc. is proposing to expand its existing manufacturing facility by adding an additional 50,000 square feet of manufacturing space. This expansion requires improvements to Nine Mile Creek. As such, construction is presently inhibited because the property is below the floodplain elevation. The proposed improvements will remove a majority of this property from the flood plain, and as a result, allow the development to take place. The action as recommended by staff details the creation of Tax Increment District 2-7. This district is proposed to be located on the site occupied by Thermotech, Inc. at 1202-5th street South. It would encompass only the existing Thermotech building and the area proposed for expansion of the Thermotech building. Tax Increment from this district is proposed to be used to pay for the cost of improvements to Nine Mile Creek in order to facilitate the project. ~rhe zoning & Planning May 25, 1993, stating existing land use and commission reviewed and approved Resolution RZ93-11 on that the Tax Increment plan is in compliance with the comprehensive plan. It is anticipated the majority of the discussion of this item will take place at the pUblic hearing by the City Council following this HRA meeting. Primary Issues to Consider o What type of Tax Increment District is being recommended? o What is the purpose of creating TIF District No. 2-7? o What are the improvements which are proposed to be completed? o What are the implications of creating TIF District 2-7? o What is the impact on LGA/HACA? supportinq Information o Tax Increment Plan 0 Resolution No. 93-51 ~ Paul T~/Ste~nman, Commun~ty Development Specialist council Report 93-88 creation/modification of Tax Increment Finance District Page 2 tt . . Pr1mary Issues to Cons1der Based on the action recommended the Council has the following issues to consider: o What type of Tax Increment District is being recommended? staff is recommending creation of an Economic Development District on the Thermotech site. The site does not meet the criteria for other types of districts, such as redevelopment district, housing, soils condition, or renewal/renovation districts. The maximum length of an Economic Development District is 10 years from the date of approval, or 8 years of collected increment, whichever is less. o What is the purpose of creating TIF District No. 2-7? TIF District No. 2-7 is being created to facilitate the expansion of Thermotech Inc., which is proposing an expansion of 50,000 square feet. This expansion will have a Market Value upon completion of approximately $2,000,000. In order to facilitate this expansion, the boundary of the Nine Mile Creek .IOOd Plain in the area of the Thermotech property must be reduced. Reduction of the flood plain area will allow Thermotech the ability to build in an area that is otherwise unbuildable. Tax Increments generated from the Thermotech expansion as proposed in the TIF plan could be used to pay public costs in conjunction with improvements to Nine Mile Creek. There is also the potential of providing Thermotech with financial assistance to undertake improvements on their property to facilitate the project, if determined appropriate by the city Council. The Plan as drafted allows Tax Increments to be specifically used to pay for the following activities up to the amount as detailed: o o o Public watershed improvements Private developer assistance Administration $850,000 550,000 50,000 Relating to the creation of TIF District 2-7, the Council/HRA should be aware of the following issues: o A redevelopment agreement would need to be executed with Thermotech in conjunction with the undertaking of a project. If Thermotech did not undertake their expansion, there would be no Tax Increment generated as staff would request that TIF District 2-7 be decertified. o In conjunction with this plan the city is not obligating itself to provide Tax Increment assistance to Thermotech. A Tax Increment application would need to be received by the developer and subsequently approved by the HRA/Council. council Report 93-88 Creation/modification of Tax Increment Finance District Page 3 o project expenditures of Tax Increment dollars generated in the district would need to be specifically approved by the HRAfcouncil. o What are the improvements which are proposed to be completed? Improvements to Nine Mile Creek include installation of larger or new culvert systems to allow increased flowage capacity and improved drainage. o What are the implications of creating TIF District No.. 2-7? TIF District No. 2-7 includes 2 contiguous parcels of industrial property, 1 of which is occupied by the Thermotech building at 1202 - 5th street South. The values of these parcels will be "frozen" at their current tax capacity value of $78,613, and the properties will continue to provide taxes to the various taxing jurisdictions based upon this "frozen" value until decertified or for the life of TIF District No. 2-7, which would expire in June, 2003. Once this district is decertified, the property will then provide a value, for taxing purposes, representative of the higher market value of the property because of the improvements which will have been made. In 1993 this estimated amount of new taxes due to the expansion would equal $124,300. ) What is the impact on LGA/HACA? All TIF districts created after April, 1990, must comply with Local Government Aids loss provision enacted by the legislature. Local Government Aid/Homestead Agriculture Credit Aid (LGA/HACA) is received by the City on an annual basis and becomes a revenue source to the General Fund. As a result of the 1990 TIF legislation, the city's LGA/HACA aid is reduced annually by an amount equal to approximately 35% of the Tax Increments received from new TIF Districts. In the case of TIF District 2-7, LGA/HACA will be reduced by approximately $43,500 annually until the district is decertified. This would be approximately 2.6% of the City's annual LGA/HACA. It is anticipated that at least a portion of this loss could be made up by securing an annual "developer fee" to be paid by Thermotech. This is similar to what was done with National Handicap Housing Institute with regard to the LGA/HACA loss due to certification of TIF District 2-6. Alternatives The Council has the following alternatives regarding this issue: 1) Approve Council Resolution No. 93-51 as recommended by staff. 2) Continue for additional information. The implications of this alternative would be that by delaying the creation of this district, the City would have to comply with new regulations which are forthcoming from the legislature relative to the creation of Tax Increment Finance Districts. It is anticipated the new regulations will go into effect on August 1, 1993 and will further restrict the creation and usage of Tax Increment Finance Districts. \, CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 93-51 RESOLUTION APPROVING MODIFICATION TO REDEVELOPMENT PROJECT NO. 1 AND ADOPTION OF TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 2-7 (THERMOTECH INC. PROJECT) WHEREAS, BE IT RESOLVED by the City Council ("council") of the City of Hopkins, Minnesota ("City") as follows: section 1. 01 1. 02 1. 03 1. 04 1. 05 1.06 1. Recitals The City of Hopkins ("City") established Redevelopment Project No. 1 November 1989 and was subsequently modified in October 1992 pursuant to Minnesota Statutes 469.001 to 469.047 (HRA Act). The Housing and Redevelopment Authority in and for the city of Hopkins ("Authority") has approved a modification to Redevelopment Project No. 1 and the adoption of Tax Increment Financing Plan No. 2-7 and further recommends to the City of Hopkins City Council approval of said Plan Modification and Tax Increment Financing Plan. The City has found that it is necessary and in the public interest to modify the Redevelopment District Plan for the Project, and establish a new Tax Increment Financing Plan to facilitate the Development of the project area. The City has caused to be prepared a document titled Modification of Redevelopment Project No. 1 Tax Increment Financing Plan 2-7 for Tax Increment Financing District No. 2-7, dated June, 1993. ("Plan Modifications") . The Plan Modifications were, in accordance with the HRA Act and TIF Act, referred to the Hopkins Planning Commission, which submitted to the City its written opinion that the Plan Modifications conform to the general plan for the development of the city as a whole. Estimates of the fiscal impact regarding the TIF Plan for TIF District No. 2-7 were provided to Independent School District No. 270 and 278, and Hennepin County at least 30 days before the Council's public hearing on the TIF Plan, as required under the TIF Act. Resolution No. 93-51 Page 2 1.07 This Council has fully reviewed the contents of the Plan Modifications and has this date conducted a public hearing thereon at which the views of all interested persons were heard. Section 2. Findings Modified Redevelopment Project No.1 2.01 It is hereby found and determined that within the Project, there exists a condition of inadequate flood plain control which has prevented normal development of the land by private enterprise and has resulted in a stagnant and unproductive condition of land that is potentially more useful and valuable. 2.02 It is further specifically found and determined that: (a) The land in the Project would not be made available for development without the public intervention and financial aid described in the Redevelopment District Plan as modified by the Plan Modifications; . (b) The plan Modifications will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the project area by private enterprise; (c) The Plan Modifications conform to the general development plan of the City as set forth in the comprehensive municipal plan. 2.03 The findings in this Section are made in compliance with the HRA Act for the purpose of showing the City's intent to exercise the powers granted to the City by those Acts in order to achieve the objectives of those Acts. section 3. Findings; Tax Increment Financing District No. 2-7 3.01 The city finds and determines that it is necessary and desirable for the sound and orderly redevelopment of the Project and the City as a whole, and for the protection and preservation of the public health, safety, and general welfare, that the powers of the TIF Act be exercised by the city to provide public financial assistance to the Project. . 3.02 The City further finds that, in its reasoned opinion, the redevelopment proposed in the TIF Plan for TIF District No. 2-7 could not reasonably be expected to ~ 3.03 3.04 3.05 3.06 Resolution No. 93-51 Page 3 occur solely through private investment within the reasonably foreseeable future and that therefore the use of tax increment financing is necessary. The proposed private improvements to be financed partially through tax increment financing are necessary to permit the city to realize the full potential of the Project in terms of development intensity, employment opportunities and tax base. The TIF Plan conforms to the general plan of development of the city as a whole. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the redevelopment by private enterprise of the Project. The City finds that the TIF Plan is intended, and in the city's reasoned judgement its effect will be, to promote the public purposes and accomplish the objectives specified in the TIF Plan. 3.07 The City finds that TIF District No. 2-7 is an economic development TIF District within the meaning of Section 469.174 subd. 12 of the TIF Act. 3.08 The City finds that section 469.177, subd. 3 clause (a) will be applied to fiscal disparity computations. 3.09 The City has relied upon the reports and recommendations of its staff and consultants, as well as the personal knowledge of members of the Council in reaching its conclusions regarding TIF District No. 2- 7. Section 4. Plan Modification and TIF Plan Adopted: Filing 4.01 The Plan Modifications are hereby approved and adopted. 4.02 The TIF Plan is hereby adopted and TIF District No. 2-7 is hereby established. 4.03 The City directs the City Administrator to file a copy of the Plan MOdifications with the Minnesota Commissioner of Revenue as required by the TIF Act and TIF Plan. 4.04 The City Administrator is authorized and directed to transmit a certified copy of this resolution to the Hennepin County Auditor and to request certification of TIF District No. 2-7. "" . Resolution No. 93-51 Page 4 Adopted this 15th day of June, 1993. Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk